Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to insurance |
Jan 09, 2013 |
referred to insurance |
Assembly Bill A483
2013-2014 Legislative Session
Sponsored By
MAGNARELLI
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Earlene Hooper
Steven Englebright
Aileen Gunther
Anthony Brindisi
multi-Sponsors
Peter Abbate
Carmen E. Arroyo
William Colton
Vivian Cook
2013-A483 (ACTIVE) - Details
- See Senate Version of this Bill:
- S338
- Current Committee:
- Assembly Insurance
- Law Section:
- Insurance Law
- Laws Affected:
- Amd ยง2610, Ins L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A316, S1517
2011-2012: A3961, S4642
2015-2016: A1537, S2916
2017-2018: A414, S413
2019-2020: A2911
2021-2022: A1265
2023-2024: A546
2013-A483 (ACTIVE) - Summary
Prohibits insurers from limiting payment on claims for damage to motor vehicles based on pricing caps for labor, parts, paint or repair materials; prohibits insurers from recommending a particular repair facility; and requires insurers to provide and retain a signed notice to claimants in relation to insured's right to have a vehicle repaired in the shop of his/her choice.
2013-A483 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 483 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. MAGNARELLI, HOOPER, ENGLEBRIGHT, V. LOPEZ, GUNTHER -- Multi-Sponsored by -- M. of A. BOYLAND, COLTON, COOK, CUSICK, GALEF, MILLMAN, TITONE, WEISENBERG, WRIGHT -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to collision or compre- hensive coverage on motor vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2610 of the insurance law is amended by adding a new subsection (c) to read as follows: (C)(1) NO INSURER IN PROCESSING ANY SUCH CLAIM, SHALL LIMIT THE PAYMENT OF SUCH CLAIM FOR DAMAGE TO A MOTOR VEHICLE REPAIR BASED ON PRICING CAPS FOR LABOR, PARTS, PAINT OR REPAIR MATERIALS. ALL ELEMENTS OF SUCH A CLAIM FOR DAMAGES SHALL BE NEGOTIATED WITH THE INSURED, OR HIS OR HER DESIGNATED REPRESENTATIVE, BY A DULY LICENSED APPRAISER. (2) IF A RECOMMENDATION OR SUGGESTION OF AN AUTOMOTIVE REPAIR FACILITY IS MADE BY THE INSURER, AND ACCEPTED BY THE CLAIMANT, THE INSURER SHALL CAUSE THE DAMAGED VEHICLE TO BE RESTORED TO ITS CONDITION IMMEDIATELY PRIOR TO THE LOSS AT NO ADDITIONAL COST TO THE CLAIMANT OTHER THAN DEDUCTIONS STATED IN THE POLICY. SHOULD THE INSURER FAIL TO RESTORE THE VEHICLE TO ITS CONDITION IMMEDIATELY PRIOR TO THE LOSS, THE INSURER SHALL AT NO ADDITIONAL EXPENSE TO THE CLAIMANT CAUSE THE VEHICLE TO BE RESTORED TO ITS CONDITION IMMEDIATELY PRIOR TO THE LOSS AT A SHOP OF THE CLAIMANT'S CHOICE. THE INSURER SHALL MAINTAIN IN ITS FILE, A STATEMENT, SIGNED BY THE CLAIMANT, PLAINLY PRINTED IN NO LESS THAN 10 POINT TYPE: "PURSUANT TO SECTION 2610 OF THE INSURANCE LAW, AN INSURANCE COMPANY MAY NOT LIMIT PAYMENT BASED ON PRICING CAPS FOR LABOR, PARTS, PAINT OR REPAIR MATERIALS. AN INSURER CANNOT REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE THE RIGHT TO HAVE YOUR VEHICLE REPAIRED IN THE SHOP OF YOUR CHOICE". EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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